Informe provisional - Informe núm. 305, Noviembre 1996

1. 315. The complaint in this case is contained in a communication from the International Confederation of Free Trade Unions, dated 3 April 1996. The complainant organization later sent additional information in a communication dated 29 May 1996. The Government sent its observations in communications dated 9 May and 13 September 1996.
2. 316. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 317. In its communications of 3 April and 29 May 1996, the International Confederation of Free Trade Unions (ICFTU) alleges that the following human rights violations against trade union members or their relatives have occurred:
   • - kidnapping of Mr. Salvador Archila Miranda, a farm worker at "Los Cerros", on 31 March 1996; his whereabouts are still unknown;
   • - kidnapping of Ms. Vilma Cristina González in February 1996 by four armed men for a period of four hours during which she was assaulted, tortured and sedated. She was warned that she must leave the country along with her brother (Secretary-General of the Trade Union Federation of Banking Employees) and that if they did not do so they would be killed;
   • - death threats against members of the Trade Union Federation of Banking Employees; the Secretary-General, Ms. Verónica Vázquez, was warned that if she did not provide the information requested on members of the Federation she may be attacked;
   • - new death threats against Débora Guzmán Chupén in February 1996 (the complainant encloses the written transcript of such a threat); both she and her family have been forced to go into hiding;
   • - kidnapping of the son of Mr. Rolando Yoc, leader of the National Assembly of Public Health Workers, in February 1996;
   • - persecution of Mr. Víctor Hugo Durán, Secretary-General of the Union of Telecommunications Enterprise Union of Guatemala;
   • - threats against and intimidation of Mr. Féliz Hernández, Mr. Jorge Galindo and Mr. Danilo Aguilar, leaders of the National Federation of Public Servants;
   • - death threats against Mr. Juan Francisco Alfaro Mijangos, Secretary-General of the Confederation of United Trade Unions of Guatemala (CUSG).
2. On 17 April 1996, the Guatemalan news programme Notisiete broadcast information (in its evening edition) showing Mr. Alfaro to be the instigator and organizer of certain events occurring at the "El Tablero" farm, in which several people regrettably lost their lives and others were injured. Immediately the false information had been broadcast, Mr. Alfaro began to receive death threats by telephone, which therefore endangered his life and personal and psychological well-being, given the climate of defencelessness and insecurity prevailing in Guatemala. At a press conference Mr. Alfaro, in his capacity as CUSG Secretary-General, publicly denounced the facts of the case and requested support from the national and international community for the agricultural workers concerned, whose only demand was their inalienable right to work. The CUSG publicly denied that it had participated in the conflict which occurred at the "El Tablero" farm, not because it received support (in this case the human and labour rights of the workers involved in the conflict were also violated), but because the relevant information was distorted so as to hamper the efforts being devoted to a genuine struggle undertaken by CUSG.

B. The Government's reply

1. 318. In its communications of 9 May and 13 September 1996, the Government states that Ms. Débora Guzmán Chupén reported the new threats on 19 February 1996; the report was received by the Justice of the Peace and forwarded to the Public Prosecutor's Office. Officials of the Presidential Coordinating Committee on Executive Human Rights Policy (COPREDEH) visited the National Police station at Amatitlán in order to verify whether the security measures to protect the person concerned were being implemented. The director of the Public Order Office explained that the patrols around Ms. Guzmán Chupén's house have continued. A visit was also made to the factory "L and L Fashions" in the town of Amatitlán with the aim of interviewing the person concerned who, although said to be on the premises, was actually on leave granted to her on 20 February 1996 but which expired on the same day. Officials from COPREDEH visited Ms. Guzmán Chupén's place of residence, but they were told that for security reasons she was outside the town of Amatitlán and her whereabouts were unknown. On 20 March 1996, COPREDEH sent official letters to the Director-General of the National Police and to the Public Prosecutor's Office, instructing their respective specialized bodies to speed up the investigation into establishing the origin of the threats; similarly, a meeting is planned between the person concerned and the corresponding state institutions to devise strategies to ensure the safety of Ms. Guzmán Chupén and other people who have been threatened. The Government points out that as long ago as March 1995 the authorities offered special security measures to protect Ms. Guzmán Chupén.
2. 319. As regards the kidnapping of Edwin Rolando Yoc Acajabón, the son of Mr. Rolando Yoc, a member of the Trade Union Assembly of Health Workers, the Government states that officials from COPREDEH met leaders from the Great Trade Union Alliance (GAS) who said that they were aware of the events in Sacatepéquez which had been publicly denounced. They said that at 10 p.m. on 21 February 1996, when they were returning from a family gathering and were close to home, their eldest son, Edwin Rolando Yoc Acajabón, who was behind them, was kidnapped by two unknown men 10 metres from the house, located in 12th Street, No. 1-42 in the district of Los Llanos in Jocotenango. The men forced him into a black Sentra vehicle, pushed him on to the floor of the vehicle and set off, apparently in the direction of the premises of the Cindal enterprise; they placed a pistol against his forehead and proceeded to inform him that they would tell his father, Mr. Rolando Yoc, what had happened and that he should stop interfering in matters which did not concern him, otherwise he would regret it. After being held for a period of three hours he was released; he was unable to recognize the individuals who had kidnapped him owing to the way in which he was positioned inside the vehicle. No report was made to the authorities responsible for investigating the events which took place, owing to the emotional state of their son, since he was very upset and disturbed by what had happened; for this reason, he decided to inform the Great Trade Union Alliance about what had happened. Officials from the Human Rights Prosecutor's Office invited GAS to report the events to the respective authorities, which it later did. Similarly, Mr. Yoc informed them that he had regularly received death threats by telephone in which he was urged not to report the events which had occurred in the public health sector; it was made clear that between the time when his son was kidnapped and the present neither he nor his family had been persecuted. As regards his son's kidnapping, he will consider with his family the possibility of making a formal report to the respective authorities, depending on the state of his son's mental health. Mr. Yoc also pointed out that the kidnapping could have occurred as a result of the fact that on 19 February 1996 he met the Minister for Public Health for discussions, during which he made it clear to the Minister that the workers disagreed with the health policy currently being implemented. The meeting was tense and lasted four hours; however, he does not wish to accuse anyone in particular, since it may also be the case that a third party, interested in causing damage and fostering a climate of instability in the country, was involved.
3. 320. As regards the kidnapping for three hours and 45 minutes and the physical and psychological torture to which Ms. Vilma Cristina González was subjected on 28 February 1996, the Government points out that during her kidnapping, in which four individuals participated, she was interrogated about the activities of her brother, Reynaldo Federico González, concerning his links with the Guatemalan National Revolutionary Union; she was told that her brother, Reynaldo Federico González, should abandon his activities as leader of the Trade Union Federation of Banking and Insurance Employees, and that her whole family should leave the country, otherwise they would be killed. The Government adds that the Ministry of the Interior took the necessary measures to protect the lives and physical well-being of those concerned. The personal security offered by the corresponding authorities was rejected by the person concerned, since she was offered security only around the place where she lived. The Justice of the Peace and the Public Prosecutor's Office were informed of the kidnapping of Ms. Vilma Cristina González. Arrangements were made by the Public Prosecutor's Office for the person concerned to appear in court to make a statement relating to the events which she had reported. Mr. Reynaldo Federico González and his sister Ms. Vilma Cristina González left the country for security reasons. Mr. Reynaldo Federico González returned to the country in order to meet the corresponding authorities to discover what progress had been made in the investigation. The Public Prosecutor stated that they met Mr. González on 25 June 1996. Investigations into the case by the Public Prosecutor's Office are continuing.
4. 321. The Government states that the Great Trade Union Alliance (GAS) denounced, via the media, the alleged persecution to which the trade union leader Mr. Víctor Hugo Durán was subjected, and which occurred because Mr. Durán had denounced the telephone tapping conducted in the Guatemalan Telecommunications Enterprise (GUATEL). Officials from COPREDEH held talks with the secretary responsible for disputes in the Federation of Public Servants' Trade Unions concerning the threats made against Mr. Victor Hugo Durán. The secretary responsible for disputes stated that Mr. Durán in fact received death threats by telephone for having denounced acts of corruption in the GUATEL Telecommunications Enterprise. However, for his own personal safety and that of his family he had not reported them to the respective authorities. COPREDEH proceeded to request information on the case from the Public Prosecutor's Office and the National Police Department.

C. The Committee's conclusions

1. 322. The Committee observes that the allegations in this case refer to the kidnapping and intimidation of, or death threats against, a significant number of trade union leaders or members of their families. The Committee would like first of all to express its profound regret at the kidnappings and death threats and wishes to point out that "freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed" and that "the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected" (see Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996, paras. 46 and 47).
2. 323. The Committee takes note of the judicial investigations undertaken and the security measures offered by the authorities to Ms. Débora Guzmán Chupén and to Ms. Vilma Cristina González as a result of the new death threats which they have received and the four-hour kidnapping of Ms. Guzmán; it observes that Ms. Vilma Cristina González left the country for security reasons. The Committee also takes note of the fact that the trade union leader Mr. Victor Hugo Durán did not report the death threats he received to the authorities for security reasons and that, for the same reason, neither did the trade union leader Mr. Rolando Yoc report the kidnapping of his son Edwin Rolando Yoc for a period of three hours, despite the authorities' invitation for him to do so.
3. 324. The Committee wishes to emphasize that "in the event of assaults on the physical or moral integrity of individuals, the Committee has considered that an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts"; similarly, observing that in the cases of kidnapping or death threats to which the Government refers, a report has not been made, or if it has the guilty parties have not been found, the Committee emphasizes that "the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights" (see Digest, op. cit., paras. 53 and 55). Consequently, the Committee requests the authorities to initiate investigations into the death threats against the trade union leader Mr. Victor Hugo Durán and the kidnapping of Mr. Edwin Rolando Yoc, and to inform it of the progress made in the investigations concerning the death threats against Ms. Débora Guzmán Chupén and Ms. Vilma Cristina González and the kidnapping of Ms. González for a period of four hours.
4. 325. Finally, while encouraged by the improved cooperation on the part of the Government, the Committee regrets that the Government has not sent its observations on the other allegations and urges it to forward them without delay; more specifically concerning:
   • - the kidnapping of Mr. Salvador Archila Miranda, a farm worker at "Los Cerros", on 31 March 1996, whose whereabouts are still unknown;
   • - the death threats against members of the Trade Union Federation of Banking Employees; in particular, a warning has been issued to Ms. Verónica Vázquez, Secretary-General, that if she does not provide the information requested concerning members of the Federation, she may be attacked;
   • - the threats against and intimidation of Mr. Féliz Hernández, Mr. Jorge Galindo and Mr. Danilo Aguilar, leaders of the National Federation of Public Servants; and
   • - the death threats against Mr. Juan Francisco Alfaro Mijangos, Secretary-General of the Confederation of United Trade Unions of Guatemala (CUSG).